Effect of Event of Default. If any Event of Default described in Section 13.1.4 occurs in respect of any Borrower, then the Commitments will immediately terminate and the Loans and all other Obligations under this Agreement will become immediately due and payable, all without presentment, demand, protest, or notice of any kind. If any other Event of Default occurs and is continuing, then Administrative Agent may (and, upon the written request of the Required Lenders shall) declare, in a written notice to Borrower Representative, the Commitments to be terminated in whole or in part and/or declare all or any part of the Loans and all other Obligations under this Agreement to be due and payable, whereupon the Commitments will immediately terminate (or be reduced, as applicable) and/or the Loans and other Obligations under this Agreement will become immediately due and payable (in whole or in part, as applicable), all without presentment, demand, protest, or notice of any kind (other than as expressly provided for above in this sentence). Administrative Agent shall promptly advise Borrower Representative of any such declaration, but failure to do so will not impair the effect of any such declaration.
Appears in 3 contracts
Sources: Credit Agreement (AgileThought, Inc.), Credit Agreement (Digital Media Solutions, Inc.), Credit Agreement (AgileThought, Inc.)
Effect of Event of Default. If any Event of Default described in Section 13.1.4 occurs in respect of any shall occur and be continuing, then Lender (i) may, by notice to Borrower, then declare the Commitments will immediately terminate Commitment and its obligation to make Advances to be terminated, whereupon the Loans same shall forthwith terminate, (ii) may, by notice to Borrower, declare the Note, all interest thereon and all other Obligations under this Agreement will become immediately due and payable, all without presentment, demand, protest, or notice of any kind. If any other Event of Default occurs and is continuing, then Administrative Agent may (and, upon the written request of the Required Lenders shall) declare, in a written notice to Borrower Representative, the Commitments to be terminated in whole or in part and/or declare all or any part of the Loans and all other Obligations amounts payable under this Agreement to be forthwith due and payable, whereupon the Commitments will immediately terminate (or Note, all such interest and all such amounts shall become and be reduced, as applicable) and/or the Loans and other Obligations under this Agreement will become immediately forthwith due and payable (in whole or in partpayable, as applicable), all without presentment, demand, protest, protest or further notice of any kind kind, all of which are hereby expressly waived by Borrower, and (other than as expressly provided for above iii) exercise any rights or remedies under the Security Agreement; provided, however, that if an Event of Default specified in this sentence). Administrative Agent Section 6.01(f) or (g) shall promptly advise Borrower Representative occur, (A) the Commitment and the obligation of Lender to make Advances shall automatically be terminated and (B) the Note, all such interest and all such amounts shall automatically become and be due and payable, without presentment, demand, protest or any notice of any such declarationkind, but failure to do so will not impair the effect all of any such declarationwhich are hereby expressly waived by Borrower.
Appears in 2 contracts
Sources: Loan Agreement (Discovery Laboratories Inc /De/), Loan Agreement (Discovery Laboratories Inc /De/)
Effect of Event of Default. If any Event of Default described in Section 13.1.4 occurs shall occur in respect of any Borrower, then the Commitments will shall immediately terminate and the Loans and all other Obligations under this Agreement will hereunder shall become immediately due and payable, all without presentment, demand, protest, protest or notice of any kind. If kind (provided, however, that notwithstanding the foregoing, Hedging Obligations shall terminate only in accordance with the terms of the relevant Hedging Agreement); and, if any other Event of Default occurs shall occur and is be continuing, then Administrative Agent Lender may (and, upon the written request of the Required Lenders shall) declare, in a written notice to Borrower Representative, declare the Commitments to be terminated in whole or in part and/or declare all or any part of the Loans and all other Obligations under this Agreement hereunder to be due and payable, whereupon the Commitments will shall immediately terminate (or be reduced, as applicable) and/or the Loans and other Obligations under this Agreement will hereunder shall become immediately due and payable (in whole or in part, as applicable), all without presentment, demand, protest, protest or notice of any kind (other than as expressly provided for above in this sentence)kind. Administrative Agent Lender shall promptly advise Borrower Representative of any such declaration, but failure to do so will shall not impair the effect of any such declaration.
Appears in 1 contract
Sources: Loan and Security Agreement (Camping World Holdings, Inc.)
Effect of Event of Default. If any Event of Default described in Section 13.1.4 occurs in respect of any shall occur and is continuing, Agent shall, at the request of, or may, with the consent of, Majority Lenders, by notice from Agent to Borrower, then declare the Commitments will immediately terminate entire unpaid principal amount of the Loans and the Loans Notes, all interest accrued and unpaid thereon and all other Obligations under this Agreement will become immediately due and payable, all without presentment, demand, protest, or notice of any kind. If any other Event of Default occurs and is continuing, then Administrative Agent may (and, upon the written request of the Required Lenders shall) declare, in a written notice to Borrower Representative, the Commitments to be terminated in whole or in part and/or declare all or any part of the Loans and all other Obligations under this Agreement to be forthwith due and payable, whereupon the Commitments will immediately terminate (or be reduced, as applicable) and/or the Loans and the Notes, all such accrued interest and all such other Obligations under this Agreement will shall become immediately and be forthwith due and payable (in whole or in partpayable, as applicable), all without presentment, demand, protest, protest or further notice of any kind (other than kind, all of which are hereby expressly waived by Borrower, provided that if an event described in Section 6.1(e) or 6.1(f) shall occur, the result which would otherwise occur only upon giving of notice by Agent to Borrower as expressly provided for above specified in this sentence). Administrative Agent Section 6.2 shall promptly advise Borrower Representative occur automatically, without the giving of any such declarationnotice. Additionally, but failure Agent and Lenders may exercise any or all of their respective rights and remedies under the Collateral Documents, and proceed to do so will enforce all other rights and remedies available to them under the Loan Documents and applicable law. Notwithstanding anything to the contrary contained in this Agreement, Agent shall not impair issue or maintain in effect any “orders” or give any “notices of exclusive control” or similar notices pursuant to any account control agreement among Borrower, Agent and Lenders and a securities intermediary, except upon the effect occurrence and continuation of any such declarationan Event of Default.
Appears in 1 contract
Effect of Event of Default. If any Event of Default described in Section 13.1.4 occurs 14.1.4 with respect to any Loan Party shall occur in respect of any the Borrower, then the Commitments will shall immediately terminate and the Term Loans and all other Obligations under this Agreement will hereunder shall become immediately due and payable, all without presentment, demand, protest, protest or notice of any kind. If ; and, if any other Event of Default occurs shall occur and is be continuing, then the Administrative Agent may (and, upon the written request of the Required Lenders shall) declare, in a written notice to Borrower Representative, declare the Commitments to be terminated in whole or in part and/or declare all or any part of the Term Loans and all other Obligations under this Agreement hereunder to be due and payable, whereupon the Commitments will shall immediately terminate (or be reduced, as applicable) and/or the Term Loans and other Obligations under this Agreement will hereunder shall become immediately due and payable (in whole or in part, as applicable), all without presentment, demand, protest, protest or notice of any kind (other than as expressly provided for above in this sentence)kind. The Administrative Agent shall promptly advise the Borrower Representative of any such declaration, but failure to do so will shall not impair the effect of any such declaration.
Appears in 1 contract
Sources: Credit Agreement (UTi WORLDWIDE INC)
Effect of Event of Default. If any Event of Default described in Section 13.1.4 occurs in respect of any shall have occurred, then Lender (a) may, by notice to Borrower, then declare the Commitments will immediately terminate Commitment and Lender’s obligation to make Advances to be terminated, whereupon the Loans same shall forthwith terminate, and (b) may, by notice to Borrower, declare the Note, all interest thereon and all other Obligations under this Agreement will become immediately due and payable, all without presentment, demand, protest, or notice of any kind. If any other Event of Default occurs and is continuing, then Administrative Agent may (and, upon the written request of the Required Lenders shall) declare, in a written notice to Borrower Representative, the Commitments to be terminated in whole or in part and/or declare all or any part of the Loans and all other Obligations amounts payable under this Agreement to be forthwith due and payable, whereupon the Commitments will immediately terminate (or Note, all such interest and all such amounts shall become and be reduced, as applicable) and/or the Loans and other Obligations under this Agreement will become immediately forthwith due and payable (in whole or in partpayable, as applicable), all without presentment, demand, protest, protest or further notice of any kind kind, all of which are hereby expressly waived by Borrower; provided, however, that if an Event of Default specified in Sections 7.l(j) or 7.1(k) shall occur,
(other than as expressly provided for above in this sentence). Administrative Agent i) the Commitment and the obligation of Lender to make Advances shall promptly advise Borrower Representative automatically be terminated and (ii) the Note, all such interest and all such amounts shall automatically become and be due and payable, without presentment, demand, protest or any notice of any such declarationkind, but failure to do so will not impair the effect all of any such declarationwhich are hereby expressly waived by Borrower.
Appears in 1 contract
Sources: Loan Agreement (Tenby Pharma Inc)
Effect of Event of Default. If any Event of Default described in Section 13.1.4 occurs in respect of any Borrower13.1(d) shall occur, then the Commitments will shall immediately terminate and the Loans and all other Obligations under this Agreement will hereunder shall become immediately due and payable, all without presentment, demand, protest, protest or notice of any kind. If ; and, if any other Event of Default occurs shall occur and is be continuing, then Administrative Agent may (and, upon the written request of the Required Lenders shall) declare, in a written notice to Borrower Representative, declare the Commitments to be terminated in whole or in part and/or declare all or any part of the Loans and all other Obligations under this Agreement hereunder to be due and payable, whereupon the Commitments will shall immediately terminate (or be reduced, as applicable) and/or the Loans and other Obligations under this Agreement will hereunder shall become immediately due and payable (in whole or in part, as applicable) (all or any, as applicable), all without presentment, demand, protest, protest or notice of any kind (other than as expressly provided for above in this sentence)kind. Administrative Agent shall promptly advise Borrower Representative of any such declaration, but failure to do so will shall not impair the effect of any such declaration. Any cash collateral delivered hereunder shall be held by Agent (without liability for interest thereon) and applied to the Obligations.
Appears in 1 contract
Effect of Event of Default. If any Event of Default described in Section 13.1.4 occurs shall occur in respect of any Borrowerthe Company (regardless as to whether the time periods specified therein shall have expired), then the Commitments will shall immediately terminate and the Loans and all other Obligations under this Agreement will hereunder shall become immediately due and payable, all without presentment, demand, protest, protest or notice of any kind. If ; and, if any other Event of Default occurs shall occur and is be continuing, then the Administrative Agent may (and, upon the written request of the Required Lenders shall) declare, in a written notice to Borrower Representative, declare the Commitments to be terminated in whole or in part and/or declare all or any part of the Loans and all other Obligations under this Agreement hereunder to be due and payable, whereupon the Commitments will shall immediately terminate (or be reduced, as applicable) and/or the Loans and other Obligations under this Agreement will hereunder shall become immediately due and payable (in whole or in part, as applicable), all without presentment, demand, protest, protest or notice of any kind (other than as expressly provided for above in this sentence). Administrative Agent shall promptly advise Borrower Representative of any such declaration, but failure to do so will not impair the effect of any such declarationkind.
Appears in 1 contract
Effect of Event of Default. If any Event of Default described in Section 13.1.4 occurs in respect of any Borrower, then the Commitments will immediately terminate and the Loans and all other Obligations under this Agreement will become immediately due and payable, all without presentment, demand, protest, or notice of any kind. If any other Event of Default occurs and is continuing, then Administrative Agent may (and, upon the written request of the Required Lenders shall) declare, in a written notice to Borrower RepresentativeBorrower, the Commitments to be terminated in whole or in part and/or declare all or any part of the Loans and all other Obligations under this Agreement to be due and payable, whereupon the Commitments will immediately terminate (or be reduced, as applicable) and/or the Loans and other Obligations under this Agreement will become immediately due and payable (in whole or in part, as applicable), all without presentment, demand, protest, or notice of any kind (other than as expressly provided for above in this sentence). Administrative Agent shall promptly advise Borrower Representative of any such declaration, but failure to do so will not impair the effect of any such declaration.
Appears in 1 contract
Sources: Credit Agreement (American Virtual Cloud Technologies, Inc.)
Effect of Event of Default. If any Event of Default described in Section 13.1.4 occurs in respect of any Borrower, then the New Commitments will immediately terminate and the Loans and all other Obligations under this Agreement will become immediately due and payable, all without presentment, demand, protest, or notice of any kind. If any other Event of Default occurs and is continuing, then Administrative Agent may (and, upon the written request of the Required Lenders shall) declare, in a written notice to Borrower Representative, the New Commitments to be terminated in whole or in part and/or declare all or any part of the Loans and all other Obligations under this Agreement to be due and payable, whereupon the New Commitments will immediately terminate (or be reduced, as applicable) and/or the Loans and other Obligations under this Agreement will become immediately due and payable (in whole or in part, as applicable), all without presentment, demand, protest, or notice of any kind (other than as expressly provided for above in this sentence). Administrative Agent shall promptly advise Borrower Representative of any such declaration, but failure to do so will not impair the effect of any such declaration.
Appears in 1 contract
Effect of Event of Default. If any Event of Default described in Section 13.1.4 occurs in respect of any Borrower13.1(d) shall occur, then the Commitments will shall immediately terminate and the Loans and all other Obligations under this Agreement will hereunder shall become immediately due and payable, all without presentment, demand, protest, protest or notice of any kind. If ; and, if any other Event of Default occurs shall occur and is be continuing, then Administrative Agent may (and, upon the written request of the Required Lenders shall) declare, in a written notice to Borrower Representative, declare the Commitments to be terminated in whole or in part and/or declare all or any part of the Loans and all other Obligations under this Agreement hereunder to be due and payable, whereupon the Commitments will shall immediately terminate (or be reduced, as applicable) and/or the Loans and other Obligations under this Agreement will hereunder shall become immediately due and payable (in whole or in part, as applicable) (all or any, as applicable), all without presentment, demand, protest, protest or notice of any kind (other than as expressly provided for above in this sentence)kind. Administrative Agent shall promptly advise Borrower Representative of any such declaration, but failure to do so will shall not impair the effect of any such declaration.. Any cash collateral delivered hereunder shall be held by Agent (without liability for interest thereon) and applied to the Obligations. 52
Appears in 1 contract